Terms of Service & Acceptable Use

This document sets out the Terms of Service, Acceptable Use Policy, and Website Terms of Use that govern your access to and use of the KelpCare.ai platform and website (collectively, the "Platform"), operated by Wildcard Systems Pty Ltd (ACN: [insert ACN]), trading as KelpCare.ai, with its principal place of business in New South Wales, Australia ("Wildcard Systems", "we", "us", "our").

By clicking "I Accept & Continue", you confirm that you are either: (a) an individual registering on your own behalf and have legal capacity to enter into this agreement; or (b) an authorised representative of an organisation and have authority to bind that organisation to these terms. The organisation or individual identified at account registration is referred to throughout as the "Operator" or "Licensee".

These terms are effective from 14 March 2026 (Version 1.0) and supersede all prior agreements between you and Wildcard Systems relating to the Platform. If you do not agree to these terms in their entirety, you must not access or use the Platform.

"Platform" means the KelpCare.ai software application, including all associated modules, AI features, APIs, documentation, and updates provided by Wildcard Systems.

"Operator Data" means all data, content, and information uploaded to or generated within the Platform by the Licensee or its Authorised Users, including consumer records, care plans, assessments, incident reports, timesheets, and staff information.

"Authorised Users" means the employees, contractors, and agents of the Licensee who are permitted to access the Platform under the Licensee's subscription. The Licensee is responsible for ensuring all Authorised Users comply with these terms.

"Subscription" means the plan selected at sign-up as described in the Order Form, which determines the features and number of seats available to the Licensee.

"AI Features" means any artificial intelligence, machine learning, or automated decision-support functionality made available through the Platform, including clinical insights, risk flagging, and care recommendations.

"Confidential Information" means all non-public information disclosed by either party in connection with the Platform, including consumer data, business information, technical data, and pricing.

Subject to the terms of this agreement and timely payment of applicable subscription fees, Wildcard Systems grants the Licensee a limited, non-exclusive, non-transferable, and revocable right to access and use the KelpCare.ai Platform during the subscription term, solely for the Licensee's internal aged care operations.

The scope of the license is strictly limited to the subscription tier selected at sign-up. Features and capabilities outside the licensed tier require a separate upgrade. The Licensee must not attempt to access, use, or enable features beyond their licensed tier.

The Licensee may permit Authorised Users to access the Platform up to the number of seats specified in the Order Form. Each seat corresponds to one individual user. Sharing a single set of login credentials among multiple individuals is strictly prohibited and constitutes a material breach of this agreement.

This license does not grant ownership of the Platform or any part of it. All rights not expressly granted in this agreement are reserved by Wildcard Systems.

The KelpCare.ai platform is built exclusively for Australian aged care providers. All use of the Platform must support the wellbeing and dignity of aged care consumers, comply with the Aged Care Quality Standards and applicable Australian law, and respect the privacy and confidentiality of residents, families, and staff.

Permitted uses of the Platform include: managing aged care consumer records, care plans, and assessments; coordinating care team communications and workflows; generating reports for internal quality management and regulatory compliance; accessing AI-powered insights to support (not replace) clinical and care decisions; and onboarding and training staff within the Operator's organisation.

You must use the Platform in a professional manner at all times. All interactions — including case notes, incident reports, and messages — must be accurate, respectful, and appropriate. The Platform must never be used for personal gain, to harm any person, or in any way that could damage the reputation or operations of your organisation or Wildcard Systems.

All resident, consumer, and client information stored or processed through the Platform — including care plans, assessments, case notes, incident reports, personal contact details, and health information — is strictly confidential. You must not upload, store, process, or share consumer data with any person outside the authorised care team for that consumer.

You must not collect personal information through the Platform without the informed consent of the individual concerned. You must ensure that any personal information you upload is accurate, up to date, and collected lawfully. All personal information must be handled in full compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You must not export or download Operator Data for purposes other than legitimate care management, internal quality assurance, or regulatory compliance. Any bulk export of consumer data must be approved by the Operator administrator and must be securely stored and disposed of in accordance with applicable data retention obligations under the Aged Care Act 1997.

Wildcard Systems collects and uses personal information in accordance with its Privacy Policy (available at https://kelpcare.ai/privacy). When you contact us through the website, we collect your name, email address, organisation name, and message content solely to respond to your enquiry. We will not add you to a marketing list without your explicit consent.

You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You must not share your credentials with any other person under any circumstances, including colleagues or supervisors. Each Authorised User must have their own unique set of login credentials.

You must notify your organisation's administrator immediately if you suspect your account has been compromised, or if you become aware that your credentials have been shared with or accessed by an unauthorised person. Wildcard Systems must be notified at security@kelpcare.ai as soon as practicable.

The following actions are strictly prohibited: attempting to gain unauthorised access to any account, record, module, or system within the Platform; introducing or attempting to introduce malicious code, viruses, ransomware, spyware, or any other harmful software; circumventing, disabling, or bypassing any security controls, authentication mechanisms, or audit logging; and using automated scripts, bots, scrapers, or crawlers to interact with the Platform.

Wildcard Systems reserves the right to immediately suspend access to any account where a security breach is suspected, without prior notice, pending investigation.

AI-generated insights, recommendations, risk flags, and summaries produced by the KelpCare.ai Platform are decision-support tools only. They do not constitute and must not be treated as definitive clinical, medical, nursing, or professional advice. All clinical decisions must be made by qualified, registered professionals in accordance with their scope of practice and applicable professional standards.

You must not rely solely on AI-generated outputs when making care decisions, documenting incidents, completing assessments, or preparing reports for regulatory bodies. AI outputs should be reviewed critically and verified against primary sources before being acted upon.

The following actions relating to AI features are strictly prohibited: attempting to manipulate, deceive, or circumvent AI systems through prompt injection, adversarial inputs, or deliberate misinformation; using AI features to generate discriminatory, defamatory, or harmful content about consumers, staff, or any other person; and attempting to extract, reverse-engineer, or reproduce the underlying models, weights, or algorithms used by the Platform's AI features.

All timesheet and shift data entered into the Platform must be accurate, honest, and submitted in a timely manner. Timesheet data is used to generate client invoices, process payroll, and submit funding claims to relevant government bodies. Inaccurate timesheet data may result in incorrect billing of consumers and their families, incorrect funding claims, and potential regulatory penalties.

Submitting false, fabricated, or deliberately inaccurate timesheet data — including claiming hours not worked, backdating shifts, or modifying another person's timesheet without authorisation — constitutes fraud and may result in disciplinary action, termination, referral to law enforcement, and/or civil or criminal prosecution.

Operators are responsible for implementing appropriate approval workflows for timesheets and for conducting periodic audits to ensure timesheet data integrity. Any suspected timesheet fraud must be reported to support@kelpcare.ai.

Case notes must be recorded accurately, professionally, and in a timely manner following each client interaction. Case notes form part of the consumer's legal care record and may be subpoenaed in legal proceedings or reviewed by the Aged Care Quality and Safety Commission (ACQSC) during regulatory audits. You must not record false, misleading, or incomplete case notes.

All incidents, near-misses, and safeguarding concerns — including allegations of abuse, unexplained injuries, medication errors, falls, and behavioural incidents — must be reported promptly through the KelpCare.ai incident module in accordance with your organisation's policies and the mandatory reporting obligations under the Aged Care Act 1997 and the Aged Care Quality Standards.

Case notes and incident reports must not contain discriminatory, offensive, or unprofessional language. Records must be written in a factual, objective, and person-centred manner that respects the dignity of the consumer. Any unauthorised modification or deletion of an existing case note or incident report is strictly prohibited.

Adding, editing, or deleting records for consumers, carers, family members, vendors, support coordinators, or employees must be done accurately and only by users who are authorised to perform those actions within their assigned role and permission level. You must not create, modify, or remove records without proper authorisation from your organisation's administrator.

Consumer records — including demographic information, emergency contacts, health alerts, funding details, and support plans — must be kept accurate and up to date. You are responsible for verifying the accuracy of information before saving it to the Platform.

Employee records — including employment details, qualifications, compliance documents, and payroll information — must be managed in accordance with your organisation's HR policies and the Fair Work Act 2009. Accessing or modifying another employee's personal records without authorisation is a serious breach of privacy.

The Platform — including all software code, algorithms, AI models, user interfaces, database schemas, documentation, branding, and all updates and enhancements — is and remains the exclusive intellectual property of Wildcard Systems Pty Ltd. This agreement does not transfer any ownership rights to you.

The following actions are strictly prohibited: copying, reproducing, or duplicating the Platform or any part of it; modifying, adapting, or creating derivative works based on the Platform; reverse engineering, decompiling, disassembling, or attempting to derive the source code or algorithms; selling, reselling, sublicensing, transferring, renting, or leasing access to the Platform to any third party without the prior written consent of Wildcard Systems; and using the Platform to build, develop, or market a competing product or service.

All content on the KelpCare.ai website at https://kelpcare.ai — including text, images, logos, graphics, product names, and software — is owned by or licensed to Wildcard Systems Pty Ltd and is protected by Australian and international intellectual property laws. The KelpCare and KelpCare.ai names and logos are trademarks of Wildcard Systems Pty Ltd.

You agree to use the KelpCare.ai Platform in full compliance with all applicable Australian laws and regulations, including but not limited to: the Privacy Act 1988 (Cth) and the Australian Privacy Principles; the Aged Care Act 1997 and the Aged Care Quality Standards; the Fair Work Act 2009; the Work Health and Safety Act 2011 (or equivalent state legislation); and your organisation's own internal policies and procedures.

You must not use the Platform to store, transmit, or process content that is illegal, defamatory, offensive, threatening, harassing, or discriminatory. You must not use the Platform to engage in fraud, deception, misrepresentation, or any activity that could cause harm to consumers, staff, or third parties.

You are responsible for ensuring that your use of the Platform complies with all applicable funding body requirements, including the National Disability Insurance Agency (NDIA), Services Australia, and any state or territory health department requirements that apply to your organisation.

The Licensee agrees to pay the subscription fees set out in the Order Form or sign-up page. Fees are payable in advance on a monthly or annual basis as selected at sign-up. All amounts are in Australian Dollars (AUD) and are exclusive of GST.

Payment is due within 14 days of invoice. Late payments attract interest at 8% per annum from the due date, calculated daily. Wildcard Systems reserves the right to suspend Platform access after 14 days of non-payment, without liability to the Licensee.

Wildcard Systems may adjust subscription fees with 60 days written notice. Continued use of the Platform after the notice period constitutes acceptance of the revised fees. If you do not agree to the new fees, you may terminate your subscription before the new fees take effect.

All fees paid are non-refundable unless otherwise required by the Australian Consumer Law. No refunds will be issued for unused portions of a subscription period following termination.

This agreement commences on the date you accept these terms and continues for the initial subscription period specified at sign-up, automatically renewing for successive periods of the same length unless either party provides 30 days written notice of non-renewal prior to the end of the then-current period.

Either party may terminate this agreement immediately by written notice if: (a) the other party materially breaches this agreement and fails to remedy the breach within 14 days of written notice; or (b) the other party becomes insolvent, enters administration, or ceases to carry on business.

The Licensee may terminate at the end of any subscription period with 30 days written notice to legal@kelpcare.ai. Wildcard Systems may terminate immediately for serious breaches of the Acceptable Use Policy.

On termination, your access to the Platform ceases immediately. Wildcard Systems will retain your Operator Data in a read-only format for 30 days following termination, after which it will be permanently and irreversibly deleted. You are responsible for exporting any Operator Data you require before termination takes effect.

Operators are responsible for ensuring that all Authorised Users comply with this agreement. This includes communicating these terms to all staff who access KelpCare.ai as part of their onboarding process, obtaining acknowledgement of acceptance from each staff member, and maintaining records of acceptance.

Operators must promptly revoke Platform access for any staff member who leaves the organisation, changes to a role that does not require Platform access, or who has been found to have breached these terms. Access must be revoked on the day the staff member's employment or engagement ends.

Operators must promptly report any suspected breach of these terms to support@kelpcare.ai, including suspected unauthorised access, data breaches, timesheet fraud, or misuse of AI features. Failure to report a known breach in a timely manner may result in the Operator being held responsible for any resulting damage.

Wildcard Systems reserves the right to monitor Platform usage to ensure compliance with these terms, including access logs, audit trails, and usage patterns. Wildcard Systems will not monitor the content of individual care records except where required to investigate a reported security incident or a legal obligation.

In the event of a suspected or confirmed breach of these terms, Wildcard Systems may take any of the following actions: issue a formal written warning to the Operator; temporarily suspend access to the Platform; permanently terminate the subscription without refund; refer the matter to the Office of the Australian Information Commissioner (OAIC), the Aged Care Quality and Safety Commission (ACQSC), or any other relevant regulatory authority; and/or take legal action where the breach causes damage to Wildcard Systems, consumers, or third parties.

Wildcard Systems will cooperate with law enforcement and regulatory bodies in any investigation of suspected criminal activity involving the Platform. Whistleblowers who report breaches in good faith will not be penalised and will be protected in accordance with applicable Australian whistleblower protection laws.

The Platform and website are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Wildcard Systems makes no warranties, express or implied, regarding the Platform, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

AI-generated insights, recommendations, and outputs are provided for decision-support purposes only and do not constitute clinical, medical, nursing, legal, financial, or professional advice. Wildcard Systems expressly disclaims any liability for clinical decisions made in reliance on AI-generated outputs.

To the maximum extent permitted by applicable law, Wildcard Systems' aggregate liability for any and all claims arising out of or related to this agreement is limited to the total subscription fees paid by the Licensee in the 12 calendar months immediately preceding the event giving rise to the claim. Nothing in these terms limits any rights you may have under the Australian Consumer Law.

These terms also govern your access to and use of the KelpCare.ai website at https://kelpcare.ai. By accessing the website, you represent that you are at least 18 years of age (or have the authority to bind an organisation) and will use the website only for lawful purposes.

When using the website, you must not: use the website for any unlawful, fraudulent, or harmful purpose; attempt to gain unauthorised access to any part of the website or its systems; transmit malicious code, viruses, or harmful data; scrape, copy, or reproduce website content without prior written permission; use automated tools that place excessive load on our infrastructure; or impersonate Wildcard Systems, its staff, or any other person.

This website uses essential cookies to ensure it functions correctly. We do not use third-party advertising or tracking cookies. By using this website, you consent to our use of essential cookies.

These terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising from these terms or your use of the Platform or website. For disputes, please contact legal@kelpcare.ai in the first instance.

Wildcard Systems may update these terms from time to time. Operators will be notified of material changes via email with 30 days notice. Continued use of the Platform after the notice period constitutes acceptance of the updated terms.

Current document versions: Software License Agreement v1.0, Acceptable Use Policy v1.0, Website Terms of Use v1.0 — all effective 14 March 2026.

If you become aware of any violation of these terms — whether by yourself, a colleague, or a third party — you must report it immediately to the appropriate contact below. All reports are taken seriously and investigated promptly. Whistleblowers acting in good faith will not be penalised.

Security incidents & breaches: security@kelpcare.ai | Privacy concerns: privacy@kelpcare.ai | General AUP violations: support@kelpcare.ai | Legal & compliance: legal@kelpcare.ai | General enquiries: hello@kelpcare.ai | Urgent / P1 issues: raise a P1 ticket via the in-platform support portal.

Wildcard Systems Pty Ltd · New South Wales, Australia · https://kelpcare.ai